HomeMy WebLinkAbout08-02-1971Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., August 2, 1971'
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.Minutes of a regular meeting of the Common Council of the City of Rochester,
Minnesota,.held in the Council Chambers.in the.City Hall, in said City, on August 2, 1971.
President Postier called the meeting to order at_2:00 o'clock P. M., the
following members being present: President Postier, Aldermen Kamper, Larson, Mayer, McNar3
Strain, Willmarth., Absent:. None.
Upon motion by Larson, second by Mayer, and all voting in favor, the minutes
the meetings of July 12th and July 19th, 1971 were approved.
Recommendation of Finance Committee recommending adoption of a resolution
authorizing extension of contract between City and North Star Research and Development
Institute for a study of the two-way radio systems operated within the City, the contract
extension would be for one month and would increase the total obligation by $2,700; the
extension and increased appropriation are made necessary to cover the cost of preparing
and expediting the federal grant application which was prepared by North Star Research
and recently submitted to Washington for approval and additional funds would be appropria
from the contingency fund, iipon motion by McNary, second by Mayer, and all voting in
favor, the recommendation was approved and the City Attorney was instructed to prepare the
necessary resolution.
On April 19, 1971 the Council adopted a resolution approving the application
of Mr. Leonard Lampland for development of a trailer park near the existing Rochester
Cabins on 7th Street N.W. and T. H. No. 52, the resolution approving the trailer park was
subject to the condition that Mr. Lampland plat the subject property, the preliminary plat
has been approved and f ftinal plat is in the process of being prepared, however, Mr.
Lampland request that the resolution be amended to permit the issuance of a building
permit prior to approval of the final plat in order .that he may commence construction of
the trailer park at the present time. Upon motion by Willmarth, second by Larson, and all
voting in favor, the City Attorney was instructed to prepare a resolution authorizing
issuance of a building permit for construction of the trailer park contingent,.>to;-the
approval of the final plat. (Tom Moore, Planning Director, reported that Mr. Lampland
had brought the final plat to his office but it had not been filed or -processed as yet).
Upon motion by Willmarth, second by Strain, and all voting in favor, the
application for license to sell cigarettes by Soldiers Field Motel & Apartments and the
application of Olmsted County Agricultural Association for an on sale beer license to sell
beer at the Olmsted County Fair Grounds during fair week August 2-9, 1971 were approved
the City Clerk was instructed to issue the said licenses.
Contract bonds of Leon Joyce Construction Company in the amount of $21,362.75
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with Seaboard Surety as surety; E. J. Vonch Concrete Company in the amount of $3,944.18 wi
Wisconsin Surety Corp. as surety and H & H Electric Company in the amount of $8,940.00 wit
Western Surety Company as surety. Upon motion by Willmarth, second by Strain, and all
voting in favor, the bonds were approved and the surety thereon accepted.
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Record of. Official Proceedings of the t6m' rnon. Council
of the City. of Rochester, Minn., August 2, 1971
Application of Dennis A. Stark for an off sale license to sell 3.2 beer at the
-Superamerica Discount store at 701 North Broadway. Mr. Dennis Stark, the applicant in behalf
of Superamerica, was present and said they intended to sell beer only until 11:00 o'clock P.M.,
they ran in three shifts and there were always three or four employees on each shift except the
11:00 oclock shift and the security gates would be closed at 11 M P. M. so there would be no
problem there, he said all of the employees in that particular store were over 21 years of age;
he said they sold beer in stations::: owned by -them in Mankato, Waseca, Huron, South Dakota and
had had no problems. President Postier said he was not opposed to this particular station but
was voting against it because he could not see it extended to all filling stations and could
not see giving it to one and not to the rest:, Mayor Day and Alderman Larson also spoke in
opposition as they felt it would be setting up a precedent. A motionwas made by Strain, second
by Willmarth, that the license be granted and all voting in favor, except President Postier and
Alderman Larson who voted "nay", the license was granted. The Public Safety Committee was to
take this under consideration and set up some guidelines.
Upon motion by Willmarth, second by Kamper, and all voting in favor, two resolutions
were adopted (1) resolution declaring cost to be assessed and ordering preparation of proposed
assessment for sanitary sewer extension in 3rd Avenue S.E. from 12th to 13th and (2) resolution
ordering a hearing on proposed assessment for sanitary sewer:=lextension in 3rd Ave. S.E.-from
12th to 13th.
The following bids were received for sanitary sewer trunkline with extension and
watermain from the south line of Lot 35, Auditor's Plat "A" to DeWitts Subdivision and Parkside
Trailer Village: Barbarossa & Sons, Inc. of Osseo, Minnesota $270,042.00, Fraser Company of
Rochester $244,163.95, Riverside Sand & Gravel Co. of Rochester $266,934.00 and Kasson Sewer
& Water of Kasson, Minnesota $253,378.00. C. A. Armstrong, City Engineer, presented a review
of costs and assessments which showed the total estimated project cost as $298,463 and
anticipated assessments as follows:
(1) Current assessments (Estimated)
Sanitary Sewer
(a) Frontage assessments - 2800' @ $10.00
28,000
(b) Area assessments - 8 acres @ $300.00
2,400
55 acres @ $500.00
27,500
$57,900
Watermain
(a) Frontage assessments - 1000' @ $8.00
8,000
(b) Area assessments - 47 acres @ $300.00
14,100
$22,100
Total Current Assessment
$80,000
Percent of Total Cost - 80.000 = 26.6%
298,463
(2) Deferred Assessments (Estimated)
Sanitary Sewer
(a) Frontage assessments - 600' @ $10.00
6,000
(b) Area assessments - 200 acres @ $300.00
60,000
$66,000
Watermain
a rontage assessments - 500' @ $10.00 5,000
(b) Area assessments - 120 acres @ $300.b0 36,000
$41,000
Total Deferred assessments $107,000
Total Estimated Assessments (Currend and Deferred ) $187,000.
The above costs do not include any costs or assessments for the existing Peoples Coop. Power
Assn. watermain facilities; the cost of sewer and water services to National Guard Armory is
$25,590.
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Record of Official Proceedings of the ' Common Council
of the City of Rochester, Minn., August 2, 1971
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Mayor Day inquired as to the possibility of collecting the deferred assessments, he said
was concerned that these monies would be. spent and there would be no -chance to collect
them in the foreseeable future, in other areas where development was progressing they knew
they had to pay assessments but he wondered if in this area the City would be able to get
their money back. A motion was made by Willmarth, second by Mayor, that a •resolution be
adopted awarding the contract to the low bidder, Fraser Company, Inc.; all voted in favor.
• The Public Works Committee recommended rejection of the bids that were •• •
received on July 19, 1971 for Sidewalk Replacement Projects #1, #2, #3, #4 and #5-SE-71
and readvertising for bids to be received on August 16, 1971 . Upon motion by Willmarth,
second by Mayer, and all voting in favor, the recommendation was accepted and the bids
were rejected. ••
A motion.was made by Willmarth, second by.Mayer, that five resolutions be
adopted approving.plans and specifications and ordering bids for (1) sidewalk replacement
project #1-SE-71 (2) Sidewalk replacement project #2-5E-71 (3)•Sidewalk-replacement project
#3-SE-71 (4) Sidewalk.replacement project #4-SE-71 and (5)-Sidewalk replacement project
#5-SE-71; all voted in favor..
Recommendation of City Engineer that the proposal be accept4 --lbi engineering
'services received._ rom,XcGhie_&_Betts, to. provide plans; -;:specifications and engineering
supervision of construction -of basic improvements in Northgate 8th Subdivision -and on 20th
Street N..W. abutting Northgate 8th Subdivision, the fees:are the usual 7% for plans and
specifications and 5% for. staking and inspection. Upon motion by Willmarth, second by
Strain, and -all voting in favor, the City Attorney was instructed to prepare the necessary
resolution.
A letter from Floyd Whipple, Developer of Northgate 8th Subdivision, request-
ing permission to build before improvements are installed, knowing that there can be no
possession until they are installed.* Upon motion by Larson, second by Willmarth, and all
. voting in favor, the requested permission was granted.
Request of City Engineer that the Council readvertise for bids to be opened
for Phase 2 of Extension of 9th Street S.E. from 3rd Ave. S.E. to South Broadway with
necessary utilities. Upon motion by Strain, second by Willmarth, and all voting in favor,
A resolution was adopted reordering the said bids.
Upon motion by Willmarth, second by Mayer, and .all voting in favor, a
resolution was adopted ordering bids for grading and surfacing, storm sewer and watermain
in 40th Street N. W. from llth Avenue to 660 feet east of the west line of Section 23-107-14.
Tabulation of bids for sidewalk projects:
New Sidewalk Project 5808-15S-71
north side of 15th St. N.W. from
Valleyhigh Drive N.W. west to
city limits
New Sidewalk Project 5903-38S'=71
north side of 38th St. N.W. from
18th to 19th Avenue N.W.
Phil .Bob E. J. City Engineer
Ryan DeWitz Mahoney Estimate
2,597.40 2,569.70 19948.09
3,973.56 4,002.60 3,373.78
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Record of Official Proceedings of the; Common Council
of the City of Rochester, Minn., Augus t. 2, 1971
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New Sidewalk Project 6009-29S-71
south side of 29th St. N.W. from
12th to 15th Ave. N.W. 5,357.80 5,287.51 6,711.00 4,499.38
New Sidewalk Project 6110-26S-71
both sides of 26th Street N.W.
from 14th to 15th Ave. N.W.
New Sidewalk Project 5720-37A-71
East side of 37th Ave. N.W.from
1st to 2nd St. N.W.; north side of
1st St. N.W. from 36th to 37th Ave. N.
W. and south side a4.2nd St. N.W.
from sidewalk inplace west of 36th to 37th
1,I'•,Ave;;.N. W.
6,628.90 6,784.89 6,628.90 5,771.51
6,968.80 6,877.06 6,693.58 5,846.26
A motion was made by Willmarth, second by McNary, that all these bids be rejected; all voted in
favor.
A motion was made by Willmarth, second by Strain, adopting five resolutions
reordering bids on the above five projects; all voted in favor.
Upon motion by Willmarth, second by Kamper, and all voting.in favor, a resolution
was adopted ordering bids for street construction, sewer mains, water mains.and.service connections
in Northwood 3rd Subdivision.
Upon motion by Mayer, second by Strain, and all voting in favor, a resolution was
adopted ordering bids for sanitary sewer and watermain from T..H. 52 S. W. to Green Meadows
First Subdivision.
Recommendation of Engineering -Traffic that.parking be removed on the west side of
3rd Avenue S. E. between a point 400 feet north of 9th Street S. E. to .9k Street S. E. Upon
motion by Strain, second by Mayer, and all voting in favor, the recommendation was.accepted and
the City Attorney was instructed to prepare the necessary resolution.
Request of _Finance Committee that the following transfers be approved from the
contingency account to the appropriate account:
Request
Amount
Transfer to:
1.
Rural fire truck radio
$ 800.00
Equipment replacement
2.
Validating machine
(Bldg. and Safety)-
2,525.00
Capital"Outlay
3.
Communications study extension
2,700.00
Police Account
(North Star Research)
The
contingency appropriations uses
to date have
been (1) tractor for Park Dept.
$3,000.00 and Railroad signals $5,300. Upon motion by Kamper, second by Larson, and all voting
in favor, the request was approved and the City Attorney was instructed to prepare the necessary
r esolution.
Recommendation of Finance Committee that the Common Council request the Utility
Board to set a 10% of current gross operating income for electric, water and steam as the
annual contribution to the City General Fund in lieu of taxes. A motion was made by Larson,
second by Kamper, that the recommendation be approved and the City Attorney be instructed to
prepare the necessary resolution. A motion was made by Strain, second by Kamper, that this
tter be tabled for two weeks or until August 16, 1971, all voted in favor. (The City
Director was to check on financial arrangments between municipal utilites and city
governments in other cities and report back.
Upon motion by Larson, second by Strain, and all voting in favor, Arlene Zimmer
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Record of Official Proceedings of the -Common Council
40 of the City of Rochester, Minn., August 2, 1971
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was appointed as Deputy City Clerk effective August 9, 1971 at grade 4, step A ($502.).
A motion was made by McNary, second by Kamper, and passed unanimously, that
the semi-monthly bills in_the amount of $149,384.31 be approved (list attached).
Recommendation of Planning and Zoning Commission that the application.to al
the display and sales of mobile and modular -homes at 2203 North'Broadway.he.approved; this
property is zoned as B-lb District and is.located along the west side of U.S. 63 North, the
property is somewhat elevated above the adjoining ,residence areas to the north and.west so
there is some separation of uses. Upon.motion by Strain, second by Willmarth, and all voting
in favor except Alderman Kamper.who voted "nay", the recommendation was approved and the City
Attorney was instructed to prepare the necessary resolution.
Upon.motion by Willmarth, second by Kamper, and all voting in favor,.a resol
tion was.adopted ordering bids for street grading and surfacing, sanitary sewer, storm sewer,
watermain and service connections stubbed into the boulevard on 24th Street N. E. from East
River Road (3rd Ave. N.E.) to T. H. No. 63.
Upon motion by Strain, second by Willmarth, and all voting in favor, a resolu-
tion was adopted ordering bids for sanitary sewer and watermain and storm sewer on East River
Road (3rd Ave. N.E.) from 27th Street N. E. to 580 feet South of 24th Street N.E.
Resolution commending joint efforts of Post Bulletin and First National Bank
for fireworks display on July 4, 1971. Upon motion by Kamper, second by Willmarth, and all
voting in favor, resolution adopted.
Resolution amending resolution adopted by the Common Council on April 19, 197
by authorizing the issuance.of a building permit for construction of Rochester Mobile Home P�
prior to final platting and subject to the condition that said premises be platted prior to .
occupancy of the mobile home park and except as so amended the resolution of April 19, 1971
and the conditions contained therein shall remain in full force and effect. Upon motion by
Strain, second by Mayer, and all voting in favor, resolution adopted.
Resolution authorizing Mayor and City Clerk to sign contract between City and
McGhie & Betts, Inc. for engineering services for the airport waste treatment facility. Upon
except Alderman Larson who voted "nay"
motion by Strain, second by Mayer, and all voting in favoil, resolution adopted.
Resolution vacating the public easement for all lawful public street purposes
over, under and along that portion of the public street described as: that portion of Third
Avenue Northwest lying in the City of Rochester, Minnesota and extending along the West side
of the North and South Quarter line of Section 23, Township 107 North, Range 14 West, from t.
south line of said Section, north a distance of 939.24 feet to the southerly line of Zumbro
Drive Northwest as extended. Upon motion by Willmarth,. second by Kamper, and all voting in
favor, resolution adopted.
Resolution accepting and approving final plat of .Elton Hills East Eighth
Subdivision.. Upon motion by Kamper, second by Strain,and all voting in favor; resolution
adopted.
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Record of Official Proceedings of the Common "Council
of the. City of Rochester, Minn., August 2, 1971
Resolution approving contract between City and Riverside Sand & Gravel Company and
Floyd Whipple for street grading and surfacing, sanitary sewer, watermain, storm sewer, and
service connections stubbed into boulevard for Northgate 8th Subdivision. Upon motion by
Willmarth,.second by Kamper, and all voting in favor, -resolution adopted.
Resolution authorizing Director of Finance to transfer $800 from contingency
account of general -fund to equipment replacement fund. Upon motion by Strain, second by McNary,
and all voting in favor, resolution -adopted.
Resolution.authorizing Mayor and City -Clerk to sign a contract between City and
Apache Realty Fund. Upon motion by Willmarth, second by Strain, and all voting in favor,
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resolution adopted.
An Ordinance Rezoning certain property and amending.the-Zoning Ordinance of the
City of Rochester, Minnesota (rezoning parcel of land on west side of U.S. 52 south - Marion
Road S.E. - proposed Gateway Subdivision from R-1 to B-lb District) was given its first
reading.
An Ordinance -Rezoning certain property and amending the -Zoning Ordinance of the
City of Rochester, Minnesota (rezoning the property known as Rocky Creek Subdivision from R-1
to R-3 District) was given its.first reading.
. An Ordinance Rezoning certain property and amending the Zoning Ordinance of the
City of Rochester, Minnesota (rezoning east side of llth•Ave. N.W. between Bachman's Greenhouse
to loth Street N. W. from R-1 to B-3 District) was given its first reading.
An Ordinance relating to the Rochester -Heating, Ventilating and Air Conditioning
Code and permit fees thereunder.and amending Rochester Code of Ordinances Section 85.460 was
given its second reading. -A motion was made by Willmarth, second by Strain, that the said
ordinance be adopted as.read and all voting in favor, President Postier declared the said
ordinance Uuly passed and adopted.
Resolution authorizing Mayor and City Clerk to sign agreement between the City and
iNorthwestern National Bank of Rochester for -computerized service for the performance of payroll
accounting. .Upon motion by Larson, second by Strain, and all voting in favor, resolution
adopted.
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Recommendation of Planning &-Zoning-Commission that the application for approval of
a trailer coach park plan to be -known as Rocky -Creek Second (this had been tabled at the meeting
n July- 19, 1971)* wa,§ removed from` the table!: spon motion by Willmarth, second _by Kamper, and -all
voting in favor. A.letter from Par -Ex Homes, Inc..agreeimg to design and cdnstrdct ,in their
proposed expansion to Rocky Creek Mobile Home Community_a tornado storm:shelter to accommodate
75%.of the,expected residents was read. Mr..Donald Lee, Development Manger, was present and
said they intended to comply with the recommendation of the Planning and Zoning Board an& to any
regulations in the ordinance. .A motion was made by Willmarth, second.by Strain, that the plan
be approved and the City Attorney be instructed to prepare the necessary resolution;.all-.voted
in favor.
Upon motion by Larson, second by Strain, and.all voting in favor, the meeting was
adjourned until 7:30 o'clock P. M.
Record of Official Proceedings of the Common Council
of the City _of Rochester, Minn., August 2, 1971
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The meeting was called to order again at 7:30 o'clock P. M., the following
members being present: :President Postier, Aldermen Kamper, Larson, Mayer, McNary,, Strain,
Willmarth. Absent: None.
President`,lP.ost er,�-,stated that-:thes'.Gouncil had considered the applications for
the new liquor licenses to be issued, they had received applications for five off sale
license and seven applications for on sale, he said the method that had been used was by
secret ballot; each Alderman had a ballot and they had been checked by the Mayor, the
City Administrator and the City Attorney and no one knew what the total vote was.
A motion was made by Strain, second by Willmarth, that one additional off
sale liquor license be issued and all voted in favor.
A motion was made by Alderman Strain, that the application of Joseph Guzinski
for off sale.liquor license be approved, based on certain criteria - if within 30 days
Council has received evidence of a lease agreement with Miracle Mile properties and a
formal request has been received from Daly's Liquors to transfer their existing license
to their Apache location property; Alderman Mayer seconded the motion and all voted in
favor.
A motion was made by Willmarth, second by Kamper, that three additional on
sale liquor licenses be issuedfor the present time; all voted in favor.
A motion was then made by Alderman Strain, that the three following
applications for on sale liquor license be accepted (1) B. Jerome Loftsgaarden for a
Hotel -Restaurant license (Ramada Inn) with an estimated opening date of November 1, 1972;
(2) Eugene J. Duigin, New York for Howard Johnson Company for a restaurant license with
estimated opening date as June 1, 1971 or before (3) Vernon D. Wendland for a restaurant
license with estimated opening date as June 1, 1972 or before; Alderman McNary
seconded the motion and all voted in favor.
President Postier stated that the people that did apply for license and did
not receive a license at this time and had submitted a fee of $200.00 or more, this fee
would remain good for a period of two years but if the license application is resubmit
there would then be an additional fee of $50.00 and this would probably be put into
ordinance form by the next meeting; the $50.00 fee for reinvestigation of financail
standing, criminal record, etc.
Hearing on new sidewalk construction on the east side of 37th Avenue N. W.
from 1st to 2nd Street. Mr. Robert Rusley of 136 37th Avenue N. W. was present and
opposed the sidewalk on the east side of 37th Avenue. There was no one else present
wishing to be heard. President Postier declared the hearing officially closed. A
motion was made by Willmarth, second by Strain, to proceed with the project and upon
roll call Kamper and Mayer voting "nay",.the motion was lost (due to a valid petition
being received a 6/7th vote would be required).
A motion was then made by Larson, second by Willmarth, that the resolution
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adopted this afternoon ordering bids for construction of sidewalk on the east side of
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Record of Official Proceedings of the" Common Council
of the City of Rochester, Minn., August 2, 1971
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37th Avenue N.W. -from 1st to 2nd St. N.W. and on the north side of 1st St. N.W. from 36th
Avenue to 37th Avenue N.W. and on the south side -of 2nd St. N.W. from the sidewalk inplace
west of 36th Avenue to 37th Avenue N.W. be deleted and the prdject dropped; all voted in
favor.
Hearing on application to vary the required rear yard to permit the construction
of a deck onto the rear of the house located at 814 8th Avenue S: W. There was no one present
wishing to be heard. President Postier declared the hearing officially closed. A motion
was made by Kamper, second by Mayer, that the request be approved and the City Attorney was
instructed to prepare a resolution granting -the variance; all voted in favor.
Mr. Darrell Lee, was present in behalf of the Rochester Area Chamber -of Commerce,
and recommended that the Council give their consideration of allocating a portion of the
revenue received from the Hotel/Motel Tax toward the expansion and immediate improvement of
Mayo Civic Auditorium and efforts in bringing the tourist and conventioneer to the City. No
action was taken. Mr: Lee was going to present more figures and recommendations at a later
date.
Upon motion by Mayer, second by Kamper, and all voting in favor; the meeting was
adjourned until 7:30 o'clock P. M. on August 16, 1971.
C y Clerk
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